{"title":"Rights against the world","authors":"Gopal Sreenivasan","doi":"10.1093/analys/anad067","DOIUrl":null,"url":null,"abstract":"For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam, whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron’s strategy of exhibiting property rights as justified by Locke’s theory of property as a case of rights in rem that are also special rights. Moreover, despite what ‘in rem’ means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by ‘everyone’, understood in a dynamic sense I undertake to specify.","PeriodicalId":47773,"journal":{"name":"ANALYSIS","volume":"150 1","pages":""},"PeriodicalIF":1.1000,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"ANALYSIS","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/analys/anad067","RegionNum":1,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
引用次数: 0
Abstract
For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam, whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron’s strategy of exhibiting property rights as justified by Locke’s theory of property as a case of rights in rem that are also special rights. Moreover, despite what ‘in rem’ means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by ‘everyone’, understood in a dynamic sense I undertake to specify.
期刊介绍：
Analysis is the most established and esteemed forum in which to publish short discussions of topics in philosophy. Articles published in Analysis lend themselves to the presentation of cogent but brief arguments for substantive conclusions, and often give rise to discussions which continue over several interchanges. A wide range of topics are covered including: philosophical logic and philosophy of language, metaphysics, epistemology, philosophy of mind, and moral philosophy.
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